What guidance does the MPEP provide on defining new terms in patent applications?

The MPEP provides specific guidance on defining new terms in patent applications in section 2173.05(a). The key points are:

• Clarity is essential: The meaning of every term used in a claim should be apparent from the prior art or from the specification and drawings at the time the application is filed.
• Consistent usage: The specification should provide a clear and consistent definition for any new term.
• Avoid redefining common terms: The MPEP states, “The meaning of every term used in any of the claims should be apparent from the prior art or from the specification and drawings at the time the application is filed. Applicants need not confine themselves to the terminology used in the prior art, but are required to make clear and precise the terms that are used to define the invention whereby the metes and bounds of the claimed invention can be ascertained.”
• Special definitions: If an applicant chooses to be their own lexicographer and use terms contrary to or inconsistent with their ordinary meaning, the written description must clearly redefine the terms.

By following these guidelines, applicants can ensure that their new terminology is clear, consistent, and properly defined, which helps in meeting the definiteness requirement of 35 U.S.C. 112(b).

To learn more:

• new terminology
• patent applications
• claim language
• definiteness